Regular Council in Committee

THAT: Staff be directed to submit a by-law for Council’s approval governing the application of biosolids and other wastes on agricultural lands within the Town of Fort Erie, and further THAT: The proposed by-law to control the use of Nitro-Sorb on agricultural lands by way of a new municipal approval process include the requirement for the submission of a “Municipal Land Application Plan for the Use of Nitro-Sorb or Other Wastes on Agricultural Lands”, and THAT: Notice of the Town of Fort Erie’s intent to adopt the proposed Municipal Land Application Plan for the Use of Nitro-Sorb or Other Wastes on Agricultural Lands governing the application of biosolids and other wastes on agricultural lands be published for two (2) weeks in the local media and posted on the Town of Fort Erie’s website, notifying the public of its proposed provisions. (

THAT: Report No. CDS-52-05 regarding the application to amend the Zoning By-law for the lands located at 56 Queen’s Circle from “Residential 2 R(2) Zone” to “Site Specific Residential 2 R(3) Zone” be received for information purposes, and further COUNCIL-IN-COMMITTEE MINUTES – MONDAY, MAY 16, 2005 PAGE EIGHT THAT: A report on the application to amend the Zoning By-law for the lands located at 56 Queen’s Circle be presented at a future Council-in- Committee meeting with the recommendations subsequent to the public meeting. (

THAT: A zoning by-law amendment be submitted to Council to implement the housekeeping amendments to By-law No. 129-90 as outlined in Report No. CDS-38-05. (

THAT: Report No. CDS-54-05 regarding the Crystal Beach Neighbourhood Plan be received for information purposes only. (

THAT: By-law No. 61-84 be revised to harmonize the height of an above ground pool with the required height of a fence enclosure. (

THAT: Council authorize staff to circulate a copy of Report No. CDS-56-05 comprising the identified wetlands procedure be sent to the Ministry of Municipal Affairs, Ministry of Natural Resources (MNR), Niagara Peninsula Conservation Authority and the Region, and further THAT: The procedure outlined in this report be discussed with the MNR and relevant agencies for endorsement and implementation. (

THAT: The Municipal Council award the Compliance Audit for the Fort Erie Native Cultural Centre to Durwood Jones Barkwell & Company LLP in the amount of $17,450, and further THAT: Council authorize funding for the Compliance Audit to be sourced from 2005 gaming revenues. (

THAT: Report No. CDS-26-05 concerning Ontario Building Code requirements for tent permits be received and the following recommendations be adopted: 1. THAT: A flat rate Building Permit Fee be established at a rate of $120.00 for a single tent and $200.00 for multiple tents at the same event, and further 2. THAT: The flat rate Building Permit Fee for tents be absorbed by the Town for bona fide non-profit events, and further 3. THAT: Council adopt a resolution requesting the Ministry of Municipal Affairs and Housing to revise the language contained in the OBC (Article 2.13.1.2) relative to tent regulations. (

THAT: Council authorize the acquisition of fifteen Friendship Trail Benches from ABC Recreation Ltd., for a cost of $25,736.83, excluding g.s.t, and further THAT: Council authorize the installation of six of the benches by Stevensville Lawn Services Inc., for a cost of $1,950.00, excluding g.s.t. (

THAT: Report No. CDS-60-05, concerning the changes to (Bill 60), the Ontario Heritage Act be received and the Town’s policies and procedures be updated to reflect same, and further THAT: A copy of Report No. CDS-60-05 be forwarded to the LACAC, and property owners of currently designated heritage sites. (

THAT: The Town enter into a Subdivision Agreement with 984242 Ontario Inc. for the Bay Ridge Crossing – Phase 1 Subdivision, and further THAT: The Developer be allowed to pre-service the subdivision prior to the registration of the Agreement subject to receipt of the security deposit, cash payment, final drawings, approvals, insurance certificate and letter of indemnification to the satisfaction of the Town; and further COUNCIL-IN-COMMITTEE MINUTES – MONDAY, MAY 16, 2005 PAGE TEN THAT: The Town’s share in the reconstruction cost of Ridge Road South be set at an upset limit of $27,420 and the developer be allowed a development charge credit for road charges to an upset limit of $28,540 and for storm sewer charges to an upset limit of $54,209; and further THAT: A by-law be submitted to Council authorizing the Mayor and Clerk to execute the Subdivision Agreement and associated documents. (

THAT: The Terms of Reference for the Legal Services Request for Proposal approved May 2, 2005 be amended under Section 2.1 thereof by deleting “The proposal shall contain an Undertaking that in the event the bidder is successful, the bidder shall refrain from representing any client who may have any requirements of the Town or whose interest may be contrary to the Town’s” and inserting in lieu thereof “The proposal shall contain an Undertaking that in the event the bidder is successful, the bidder shall refrain from representing any client who may have interests contrary to the Town’s.” (

THAT: Council does hereby approve the May 9, 2005 Land Committee minutes attached as Appendix “1” to Administrative Report No. CAO-06/LC03-05 save and except Item 2.2, and further THAT: Council does hereby approve the recommended tasks as outlined in Appendix “2” to Administrative Report No. CAO-06/LC-03-05. (

THAT: Council does hereby approve Item 2.2 of the May 9, 2005 Land Committee minutes attached as Appendix “1” to Administrative Report No. CAO-06/LC03-05. (

THAT: The Clerk be directed to proceed in accordance with the provisions of the Municipal Act, 2001 to stop up, close and convey the road allowance (lane) north of Walden Boulevard abutting Lot 320 on Registered Plan 519, and part of the road allowance (lane) north of the Applicants lands, to the Applicants, Steven Toenjes and Feroza Aladin, subject to the Town retaining an Easement for the existing sanitary sewer located on the subject road allowances which shall contain a provision that the Owners shall remove the shed located on the easement, at their expense, if and when works are required within the easement, and further THAT: The Applicants shall be responsible for all of the associated costs. (

THAT: The request by Stanley Edward Krawcar, Sr. to stop up, close and convey a portion of Stephens Road north of Royal York Road be denied since the road allowance is required for future development in the area. (

THAT: The Clerk be directed to proceed in accordance with the provisions of the Municipal Act, 2001 to stop up and close part of the unopened road allowance (12 foot alley) intersecting westerly between Lewis Street and Warren Street as it abuts the Applicant’s lands only, and subsequently conveyed to John Arbour upon the issuance of a building permit, and further THAT: The Applicant shall be responsible for all associated costs. (

THAT: The final draft of the Town of Fort Erie 2005 Accessibility Plan be circulated for review and comment by all Municipal Departments and Affiliates, and further THAT: A by-law be submitted to the Council Meeting of May 24, 2005 to adopt the Town of Fort Erie 2005 Accessibility Plan, and further COUNCIL-IN-COMMITTEE MINUTES – MONDAY, MAY 16, 2005 PAGE TWELVE THAT: The Clerk be directed to advertise in the local newspaper the adoption of the Accessibility Plan. (

THAT: Council-in-Committee does now go into closed session to discuss the following: (a) Human Resources Matter Re: Recruitment of Chief Administrative Officer Re: Filling of Human Resource position (

THAT: Council-in-Committee does now rise and reconvene with the following report: THAT: The Mayor and Acting Chief Administrative Officer shall carry out the instructions of Council respecting the recruitment of the Chief Administrative Officer matter. (

THAT: Council-in-Committee does now hereby adjourn at 9:11 p.m. (